Musulin Law FirmMusulin Law Firm2024-03-13T15:16:47Zhttps://www.burlingtoncountydivorce.com/feed/atom/WordPressby Kimberly Greenfieldhttps://www.burlingtoncountydivorce.com/?p=495502024-03-06T19:16:53Z2024-03-06T19:16:53ZKinsella v. Kinsella, 150 N.J. 276, 317 (1997). This criterion involves evaluation of the safety, happiness, and physical, mental and moral welfare of the child. Fantony v. Fantony, 21 N.J. 525, 536 (1956). In the event the parties are unable to resolve custody and parenting time issues, the Court will decide upon an evaluation of the best interest factors pursuant to N.J.S.A 9:2-4.
Given life’s unpredictability, we do see at times cases wherein the Parent of Primary Residence (herein “PPR”) wishes to relocate with his/her child. What happens then one may ask? Is the PPR automatically allowed to remove the child from New Jersey? The short answer is no.
New Jersey requires approval
Parents seeking to relocate with their child outside of New Jersey require either permission from the other parent or, a Court order (i.e. permission from the Court). Some parents will agree to permit a relocation because they believe it is ultimately in the child’s best interests. Some parents may also agree especially when the child is relocating closer to him or her. Others, however, disagree perhaps because they do not believe the move is in the child’s best interests and/or the child will be moving further away and as such the move will negatively affect their relationship. Regrettably, some parents also withhold consent for no reason other than to control the PPR.
When there is a disagreement concerning relocation, the PPR must file an application with the Court requesting permission for their child to relocate with them. In 2017, the New Jersey Supreme Court in Bisbing v. Bisbing modified the legal standard to be applied to relocation applications which was previously established in Baures v. Lewis, 167 N.J. 91 (2001). The Baures standard afforded deference to the custodial parent, finding the custodial parent seeking to relocate satisfied the showing of cause required by N.J.S.A. 9:2-2 by demonstrating a good faith reason for the move and that it would not be inimical to the child’s best interests. Baures at 18-20. The social science underlying the Baures standard was the concept that what is good for the custodial parent is good for the child. Bisbing departed from this presumption, focusing the inquiry more directly on the child’s best interests.
Bisbing established that the court is charged with conducting an analysis of the child’s best interests pursuant to N.J.S.A. 9:2-4 to determine cause under N.J.S.A. 9:2-2. Subsequently, in order to make such a determination, the Court will often schedule a plenary hearing which will allow both parties to submit evidence, retain experts, and provide testimony in support of their respective position.
It is important that regardless of which “side” you are on, you know your rights and are represented by counsel that is aware of the law as well as the tools available to defend your position.]]>by Christopher Musulinhttps://www.burlingtoncountydivorce.com/?p=495552024-02-06T15:58:43Z2024-02-06T15:58:43ZOn Behalf of Musulin Law Firm, LLChttps://www.burlingtoncountydivorce.com/?p=495512023-12-07T19:36:15Z2023-12-07T19:36:15Zby Kimberly Greenfieldhttps://www.burlingtoncountydivorce.com/?p=495492023-10-20T15:08:28Z2023-10-20T15:08:28ZOn Behalf of Musulin Law Firm, LLChttps://www.burlingtoncountydivorce.com/?p=495402023-08-28T13:39:08Z2023-08-28T13:39:08Z1. Division of benefits
When a civilian divorce is resolved, the final agreement or order often includes provisions dealing with health insurance coverage for each spouse and the children. There is also often discussion about obtaining life insurance coverage and how to provide for children going to college. Servicemembers, however, may have certain benefits available to resolve these issues that are not available to civilians. For example, TriCare coverage, Sevicemembers or Veterans Group Life Insurance, and GI Bill benefits may be accessible to former spouses and children. These valuable benefits may help relieve the financial strain on spouses in the divorce. It is important to be well-versed in the regulations governing these benefits, which often involve requirements of a certain amount of service overlapping the marriage. The final divorce agreement should be properly drafted to avoid incurring extra cost to return to court after the divorce to correct errors made as a result of lack of understanding of these unique benefits.
2. Division of assets
It is common for divorce matters in New Jersey to incorporate some provision for dividing retirement and investment accounts. The same general rules govern the division of such assets in for military divorce matters, but there are additional rules and regulations that will apply. These unique regulations may impact everything from how the account is valued, what type of order is needed to divide the asset, the type and availability of survivor benefits, and time deadlines for completing the necessary documents.
3. Child custody
Faily law attorneys are often asked about how deployments, changes of station and other requirements of military service might affect determinations as to custody and parenting time. There are statutes in place to protect servicemembers from having the demands of military service used against them in custody matters. Notwithstanding these legal protections, however, the possibility of extended periods of travel needs to be taken into consideration when resolving custody and parenting time issues. Custody and parenting time arrangements for military families typically need to be more detailed to anticipate circumstances of deployment, TDY and even PCS. Parents need to ensure an appropriate care plan is in place for the children and plans to maintain the relationship between the children and both parents.
Recognizing legal issues unique to military families may help to plan more effectively and to seek legal guidance with specific concerns in mind.]]>On Behalf of Musulin Law Firm, LLChttps://www.burlingtoncountydivorce.com/?p=495362023-06-26T13:38:53Z2023-06-26T13:38:53ZGetting permission from everyone involved
The spouse of the stepparent hoping to adopt and the child if they are 10 years of age or older will typically need to give their consent for the adoption to occur. If the other parent of the child is still alive and retains their legal relationship with the child, their permission will also be necessary. The other parent of the child will need to give up their parental rights by executing certain voluntary paperwork, and once that has occurred then can the stepparent legally assume a parental role. Provided that everyone does agree and fills out the necessary documents, then the stepparent and their spouse can file the necessary paperwork with the courts.
Undergoing court review and approval
An adoption will occur when a family law judge believes that it is in the best interest of the child to be adopted. Therefore, a review of family circumstances is a necessary step before the completion of a stepparent adoption. Provided that a judge decides the adoption will benefit the child and is in the child’s best interests, the judge will execute the paperwork in order for the stepparent to become a legal, adoptive parent. After the courts approve and record the paperwork terminating the rights of one parent and formalizing the adoption of the stepparent, the lawful relationship between the parties will permanently change.]]>On Behalf of Musulin Law Firm, LLChttps://www.burlingtoncountydivorce.com/?p=495332023-05-09T16:56:07Z2023-05-09T16:56:07ZFile dissolution paperwork
To a certain extent, the process of dissolving a civil union is quite similar to the process of ending a marriage. First, someone must file a dissolution complaint in Family Court. They will then either need to negotiate terms with their partner or wait to have a judge review their case and resolve any disagreements concerning property division matters or other practical concerns. The process is almost identical to traditional divorce.
As with a divorce, couples facing civil union dissolution may benefit from trying to work collaboratively instead of employing an adversarial approach where they end up fighting in family court. Similar to the dissolution of a marriage, the dissolution of a civil union is often faster, more private and generally less expensive when the couple chooses to cooperate with one another as opposed to fighting.
Married same-sex couples have to file for divorce
Now, as a result of the legalization of same-sex marriage same-sex couples have to pursue the same divorce process as anyone else ending their marriage in New Jersey. Same sex marriages are essentially treated the same as heterosexual marriages in family court. One potential distinction, however, is that many same-sex couples have children who are biologically related to only one partner. Subsequently, parental rights in same-sex relationships can be complex as only one parent is the biological parent. While that is not to say the non-biological parent does not or will not have any legal rights, rather the legal approach taken is different than a custody case in which both parents are the biological parent of the child(ren).]]>by Kimberly Greenfieldhttps://www.burlingtoncountydivorce.com/?p=495022023-03-23T19:51:20Z2023-03-23T19:51:20Zcustody arrangement if you and your child’s other parent cannot reach a mutual agreement. Whether your situation is amicable or contentious, the court will eventually issue a final custody order. Final orders specify legal and physical custody, a parenting time schedule, as well as child support. Both parents will be bound by the terms of this legal final order.
The process of issuing a final order however can take time. In the event of a contentious custody dispute, the court will consider many factors, including the child’s best interests, and it could take weeks or even months for the court to issue a final order.
However, during this time and until a final order is entered, the court may issue a temporary order also known as a pendente lite order. Temporary Orders may provide for where the child(ren) will reside as well as a parenting time schedule. Once the final order is issued, the temporary order will no longer apply.
Are temporary orders automatic?
No, this is not an automatic process in New Jersey. Rather, one of the parents, either you or your ex, must request a temporary order by filing an application with the court. Ideally, you and your ex collaborate together to determine how you’re going to care for the children pending your divorce case and agree to a temporary consent order. But, if you cannot reach an agreement, or if there is some sort of conflict over the decisions, then the court can decide on the types of temporary orders that should be put into effect.
Are temporary orders different than emergency orders?
Emergency orders are generally provided if one parent believes that the child may be in imminent danger. For example, if you think that your ex is abusive to the children, or if you believe they may try to flee the country to prevent you from obtaining custody, emergency orders may be issued by the Court. These orders are also issued on a temporary basis, while the court figures out a long-term solution.
Exploring your options
Child custody can be very complex, and it’s important for you to understand your options and how to utilize them. If you have questions about temporary orders, don’t hesitate to seek clarification from a legal professional.]]>by Christina Groveshttps://www.burlingtoncountydivorce.com/?p=495292023-06-06T18:48:45Z2023-03-16T14:18:16ZHow can you find help?
It is important to have emotional support from family and friends. When it comes to legal advice, however, only an experienced family law attorney can offer the knowledge you need to be empowered with regard to your divorce or family law matter. The place to start is having a consultation with an attorney who will spend time giving you an overview of the process and how the various issues are handled. You will benefit most from legal knowledge and professional guidance when handling matters like these.
One thing you will discuss with legal counsel is whether it is advisable to involve other professionals in your matter. Those with complex or high-value assets may also need the services of a forensic accountant. Complicated custody disputes may call for the involvement of a forensic psychologist or other similar professional to evaluate what is in the best interests of children. All of these considerations can be discussed with your family law attorney. They can also help you learn more about marital property and child-related laws, as well as how to recognize the strengths and weaknesses of your position.
While you do not need to become well-versed in New Jersey divorce laws, knowledge helps to protect you and plan for how to address each of these issues in the legal process. Your family law attorney can help you understand the nuance of the law as it pertains to your unique circumstance and provide guidance about all your legal options.]]>by Christopher Musulinhttps://www.burlingtoncountydivorce.com/?p=494982023-02-14T19:31:25Z2023-02-14T19:31:25Zfamily law attorneys, are paid throughout the process by the litigant who hired them.
A litigant is not shut out of representation if his/her spouse is the only breadwinner. Rather, New Jersey law indicates that the income of the breadwinner, bank account assets, a home equity line of credit, credit card or personal loan are all acceptable methods of funding the process. At a minimum, a retainer must be funded from one of these sources.
Some issues can become expensive. If the parties disagree about the children or if one of the parties owns a business, the fees can be significant. In every case, it is very important to carefully evaluate positions, problem solve the issues and minimize the costs.
Any good, experienced attorney will always ask for a retainer. If they are skilled, they are in high demand.
Retainers and fees are carefully disclosed in writing, and the attorney is required to issue regular bills and be prepared to explain all charges.]]>